Family Matters

Your monthly family law digest from Woolley & Co, Solicitors


February 2018

Has same-sex marriage made civil partnerships obsolete?

It’s been widely reported that the Government is to take a good look again at civil partnerships.Earlier this month saw the second reading of the Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill in the Commons, which seeks to see how the Government can extend civil partnerships to opposite-sex couples. What it also did was throw under the spotlight whether civil partnerships are needed at all now that same-sex couples can get married.

In Brief

How to protect your mental health in divorce

The mental anguish caused by a relationship break-up and the problems that this can cause can so often be overlooked when there is so much else going on.You might expect to be a little more under pressure than normal...
... more

Spotting the signs your child might not be coping with divorce or separation

Children are the unintended victims of divorce and separation in our society. Many parents we speak to are keen to minimise the impact of their separation on their children but don’t always know the signs to look for,...
... more

Is there a “good” place in the UK to get divorced?

It is difficult to put a typical time on how long a divorce will take. We have said many times that the “quickie” divorce is a myth. The only thing that is quick is if the parties agree...
... more

Prenups and unmarried couples’ rights in The Archers

Second marriages and prenuptial agreements have been one of the most recent storylines of The Archers. Through the trials and tribulations in the relationship between Lillian and Justin the BBC radio show has cast its light on 21st century family...
... more

5 important questions to ask a family lawyer before you instruct them

Instructing a family lawyer is something you might only do once in your life, so knowing what questions to ask when you first talk to them is very important. I’ve suggested five key questions which are worth asking,...
... more

There appears to be considerable support for doing away with them so as to declutter the process and avoid confusion.

Civil partnerships were introduced in the UK under the Civil Partnership Act 2004. They sought to give same-sex couples the same rights as married heterosexual couples. However, they were seen by some as being discriminatory (gay couples wanted to get married, but couldn’t legally) and so, in 2014, same-sex marriage was legalised.

The loop is not closed though as some heterosexual couples have expressed a desire not to get married but to have the same rights as married couples. In short, they want to get a civil partnership. 

The current debate then is looking at two potential options: change the law to allow boyfriend and girlfriend to get a civil partnership, or scrap them all together now all parties can get married.

The first thing that springs to mind for me is this; surely we have more pressing issues to be spending time and money on? Looking at no-fault divorce or rights for cohabiting couples for a start. That said, could civil partnerships for all couples actually be a tool for sorting out cohabiting rights if used in the right way? They would give each party rights in law over property, possessions, pensions which is really what cohabiting couples need. Could the civil partnership model, therefore, not be adapted with that group of people in mind?
Let’s be clear – there is no 'legal' difference, but there is a clear perception by those with a civil partnership who don't want to re-register this as a marriage that there is a difference, as there is for opposite-sex couples who don't want to get 'married' but still wish to have an arrangement in place to ensure the legalities of their relationship to safeguard their children. 

Getting rid of civil-partnerships arguably 'simplifies' the law, but given there are more cohabiting couples than married couples, traditional marriage clearly isn't what people want. There needs, therefore, to be some legal protection for those couples living together but not marrying. 

To many people, there is a clear distinction between civil partnership and marriage. Some people prefer one. Others prefer the other route. The key thing is they have the choice to do so.


Woolley & Co, Solicitors
Family Law Specialists


Woolley & Co, Solicitors
Warwick Enterprise Park,
Warwick CV35 9EF
Call 0800 321 3832
Mobile 0330 330 3832
Outside UK +44 (0)1789 330310     

© Woolley & Co, Solicitors. All rights reserved. No unauthorised copying, extraction or other use is allowed except with our prior written permission. Woolley & Co Solicitors is the trading name of Woolley & Co Limited, company number 07387222. Woolley & Co, Solicitors is a member of the Law Society and authorised and regulated by the Solicitors Regulation Authority. A list of directors is available from our registered office which is Warwick Enterprise Park, Wellesbourne, Warwick, CV35 9EF. VAT Reg. No. 687 644 675.

Click here to unsubscribe.